The purpose of zoning laws is, essentially, to provide a happy
medium between the rights of an entrepreneur and those of local
residents-to allow free enterprise and community peace to co-exist.
Although zoning laws vary depending on your locale, Angela M.
Cerino, Esq., an assistant professor of business law at Villanova
University's College of Commerce & Finance in Villanova,
Pennsylvania, says there are some general rules to remember as you
set up or grow your homebased business.

Cerino suggests first contacting your local government to find
out how your property is zoned, whether it's residential or
commercial. Then try to determine how the government regards your
particular business; a professional business with visiting clients
may have different restrictions than a business that specializes in
warehousing or storage.

"Zoning laws are there to protect the residential
environment," says Cerino. "They're designed to
ensure that development and growth take place in a rational way
that's compatible with the desires of residents in a
community." As such, business owners should take into account
what additional noise, traffic or pollution their business is going
to bring into the community. You can expect zoning laws to be
stricter with companies that bring in more of these factors,
whereas they may have very little effect on a Web-based company
that uses the home much like a normal resident would.

Entrepreneurs should also be aware of grandfathering, which
protects you from being penalized for something that predates the
ordinance. "If you are using a property in a way that has
since become illegal under your local zoning ordinance, you may
continue to use that property in that way, but you may not expand
your use," explains Cerino. "In other words, you may
continue to use your existing office, but you can't build an
addition to your office."

That is, unless you apply for a variance, which allows your
business to be exempt from a specific zoning regulation as long as
you can prove that it would be an undue burden on you as a property
owner to not be able to use your property in a given way. For
example, let's say your office predated the zoning code and
you're covered under grandfathering, but your business is
growing and now you need to expand. So you apply for a variance
because you've had a practice there for 30 years and now you
want to bring your sons and daughters into it as a natural
extension of your growth.

To really get a grip on zoning regulations in your area, visit
your local zoning board and make sure you haven't overlooked
any rules and regulations. Hire an attorney if necessary.
You'll thank yourself later when you're able to operate
your homebased business in peace.